Author name: SpicyIP

The Conundrum of Naked Licensing

/ By / Trademark

We are pleased to bring to you a guest post by Naman Keswani on the concept of naked licensing within trademarks law. Naman is a fourth-year student at the Hidayatullah National Law University, Raipur who has a keen interest in Intellectual Property Law, especially Trademark Law. The Conundrum of Naked Licensing Naman Keswani The basic function of a trademark is not only to distinguish between the goods or services of one proprietor from those of others but also to ensure […]

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[Sponsored] PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property

/ By / Event, Sponsored

We are pleased to inform you that PatSeer is organizing its event “PatSeer Connect 2023” in Mumbai (October 6, 2023, Friday), Delhi (October 12, 2023, Thursday)  and Chandigarh (October 13, 2023, Friday). For further details, please see their announcement below. Note: This is a sponsored post. PatSeer Connect 2023: AI’s Role in Shaping the Future of Intellectual Property PatSeer, a prominent player in the intellectual property (IP) field, is excited to announce PatSeer Connect 2023. This event offers a golden

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Webinar on “Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” (September 28)

/ By / Event, Patent

We’re pleased to inform you that Third World Network is organizing a webinar on “ Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India” on 28th September, Thursday at 1 pm GMT (6:30 pm Indian Standard Time). For further details, please see their announcement below: Breaking Patent Barriers: Struggle to Access Breast Cancer Medicines in India Accessing cancer treatment and medications has emerged as a pressing concern in India. The exorbitant expenses associated with these vital resources often

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Another Drop in the Bucket: Delhi High Court’s Interim Injunction Denial for Vifor in FCM Patent Infringement

/ By / Patent

The Delhi High Court on September 19 refused to grant an interim injunction to Vifor considering the launch of the Biological E’s FCM in the market. However, the court hesitated in passing a final word on whether FCM is a product-by-process patent or not, in light of the ongoing appeal before the Division Bench in Vifor v. MSN (see here). We are pleased to bring to you a post by SpicyIP intern Tejaswini Kaushal on this controversy. Tejaswini is a

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SpicyIP Weekly Review (September 18- September 24)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlight of the Week Comments on the Draft Patent (Amendment) Rules, 2023 Comments pertaining to transparency and on substantive proposals within the draft Patent (Amendment) Rules, 2023, submitted to the Ministry of Commerce. Read on to see the comments submitted by Swaraj, Praharsh, and Tejaswini with research assistance from Tanya. If

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Draft Patent Amendment Rules: Big Impact but Limited Commentary 

/ By / Patent

The Draft Patent (Amendment) Rules, 2023 is quite the mixed bag. The rules, if passed, are surely a strong attempt towards fighting the long-standing issue of pendency in the Indian Patent Office, but concurrently it can also led to dilution of material safeguards within the Patent Act, which are in place to ensure that applicants/ patentees stick to their end of the patent bargain. The Indian patent prosecution stage holds a very important spot in the overall patent regime of the

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Would Sending a Cease-and-Desist Notice Harm Your Chances of Securing an Ex Parte Ad Interim Injunction? Some Perspectives

/ By / Copyright, Trademark

We are pleased to bring to you a guest post by Roshan Santhalia ruminating on the question of whether a cease-and-desist notice before instituting a trademark or copyright infringement suit should be issued or not. Roshan is a practising counsel, who has been practising for the last 12 years before the Supreme Court and the Delhi High Court. His predominant areas of practise are Arbitration, Commercial and Intellectual Property Laws. He completed his B.A. (Hons) LLB from NALSAR, Hyderabad in

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SpicyIP Weekly Review (September 11- September 17)

/ By / Copyright, Drug Regulation, Others, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.   Highlights of the Week Draft Patent Amendment Rules – Increasing Efficiency of Granting Patent Monopolies While Forgetting the Reason for Allowing Them in the First Place Changing substantive safeguards through procedural amendments. That’s perhaps the best way to summarize the recently proposed Draft Patent Amendment Rules.

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[Sponsored] Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9)

/ By / Sponsored

We’re pleased to bring to you this post by UNH Franklin Pierce about its Associate Dean for Administration and Enrolment’s visit to India. Note: this is a sponsored post. Alert: Here is Your Chance to Meet the UNH Franklin Pierce’s Dean Cooper in India (October 2- October 9) In 2021, Shane Cooper joined UNH Franklin Pierce as the Associate Dean for Administration and Enrolment. The move to UNH Franklin Pierce came after nearly three decades in the US Navy, where

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SpicyIP Weekly Review (September 4- September 10)

/ By / Copyright, Patent, Trademark

Wondering what IP developments took place last week? Look no further as we present to you the SpicyIP Weekly Review, highlighting the discussions that took place on the blog along with other IP news.  Highlights of the Week Delhi High Court Calls Out the Practice of Granting Ad-Interim Ex-Parte Injunction Without Granting the Defendant an Opportunity to Reply The Delhi High Court recently clarified that if an impugned mark has been in the use before institution of the suit, the

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